Protecting What Only She Can Do: A Closer Look on the Provisions of HB No.5043 Affecting Women

Protecting What Only She Can Do: A Closer Look on the Provisions of HB No.5043 Affecting Women
By: April Paola Tolosa


I. Abstract

This paper is about House Bill No. 5043, or the National Policy on Reproductive Health, Responsible Parenthood and Population Development Act of 2008, particularly Section 10 (Contraceptives as Essential Medicines), in connection with its guiding principles C., F., and I. It is an analysis of the said provisions of the Bill with regards to the integrity of the Filipina. Thus, the researcher examines the Bill in a perspective recognizing women’s status and relative power, be it in a socio-cultural, economic, political or legal context.

II. Introduction

Its amazing how, by just respecting women, the world can change into a better place. You see this simple act starts a chain of events that affects one, and another, and eventually all. It is because of their reproductive capacity that such high regards are given to females. But then again, this natural gift from God is inevitably subject to abuse, demoralization, censorship, restraint and control due to men’s innate trait to be human.


A. Brief History

The increasing population of the world, as is very evident in our country creates many problems like unemployment, health, and poverty. This is a threat to national well-being and security. Thus in the early 1950s to the 1970s, the governments of developing countries moved to control the population growth of their countries. Programs distributing contraceptives to lower the birth rate of women were done in the 1960s in third world countries such as the Philippines.

Population controllers—medicines, methods and programs---started booming and eventually met resistance by the people. Thus, the government shifted from population control to population planning to family planning.

In the 1980s, critics of a demographically driven population policy asserted a development framework to take account of women’s reproductive health. It was during this time up to the 1990s that women groups emerged. Women groups continuously demand that since women stand in the center of population policies, they should be able to participate actively in making those decisions that directly affect their lives.

Sadly however actions by our government started to manifest only in the year 2007 with House Bill Number 17 “An Act Providing for a National Policy on Reproductive Heath, Responsible Parenthood and Population Development and For Other Purposes” with principal author Edcel C. Lagman, having a primary referral on health and secondary on population and family relations.

On the same year House Bill Number 812 was passed by Janette L. Garin. Then there was House Bill Number 2753 by Narciso D. Santiago III. The following year, House Bill Number 3970 was passed by Ana Theresia “Risa” Hontiveros-Baraquel.

These four House Bills were substituted by House Bill Number 5043 or what is known as the “Reproductive Health and Population Development Act of 2008” passed by Edcel C. Lagman, which is now the mother bill and is still currently on the period of interpellation.

The focus of this paper is on Pargragraph C. F. and I. of Section 3 and Section 10 of HB. No. 5043. This states:

“SEC. 3. Guiding Principles. - This Act declares the following as basic guiding principles:

A. In the promotion of reproductive health, there should be no bias for either modern or natural methods of family planning;
B. Reproductive health goes beyond a demographic target because it is principally about health and rights;
C. Gender equality and women empowerment are central elements of reproductive health and population development;
D. Since manpower is the principal asset of every country, effective reproductive health care services must be given primacy to ensure the birth and care of healthy children and to promote responsible parenting;
E. The limited resources of the country cannot be suffered to, be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless;
F. Freedom of informed choice, which is central to the exercise of any right, must be fully guaranteed by the State like the right itself;
G. While the number and spacing of children are left to the sound judgment of parents and couples based on their personal conviction and religious beliefs, such concerned parents and couples, including unmarried individuals, should be afforded free and full access to relevant, adequate and correct information on reproductive health and human sexuality and should be guided by qualified State workers and professional private practitioners;
H. Reproductive health, including the promotion of breastfeeding, must be the joint concern of the National Government and Local Government Units(LGUs);
I. Protection and promotion of gender equality, women empowerment and human rights, including reproductive health rights, are imperative;
J. Development is a multi-faceted process that calls for the coordination and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized;
K. Active participation by and thorough consultation with concerned non-government organizations (NGOs), people’s organizations (POs) and communities are imperative to ensure that basic policies, plans, programs and projects address the priority needs of stakeholders;
L. Respect for, protection and fulfillment of reproductive health rights seek to promote not only the rights and welfare of adult individuals and couples but those of adolescents’ and children’s as well; and
M. While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner.

SEC. 10. Contraceptives as Essential Medicines. - Hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies shall be considered under the category of essential medicines and supplies which shall form part of the National Drug Formulary and the same shall be included in the regular purchase of essential medicines and supplies of all national and lord hospitals and other government health units.” (Emphasis provided)

B. Statement of the Problem

Before a bill is passed, it has to run through intense scrutiny and before it is made a law, another round of inspection and polishing. This paper intends to focus on the Section 10 covering the Contraceptives and Essential Medicines policy of the Bill with respect to the guiding principles o paragraph C., F. and I.

With that in mind, this paper intends to present and tackle the following:
1. Doubts regarding the Bill’s Constitutionality
2. Why these provisions go against Philippine morality
3. Why these provisions are against the teachings of the Catholic Church.



C. Objectives

1. To observe the connection between the guiding principles and the provisions of the Reproductive Health and Population Development Act of 2008.
2. To explain the present condition of the Philippines to be able to establish the incertitude of Section 10 of HB No. 5043.
3. To make recommendations that would result in the improvement if the bill for the augmentation of the Filipina status.

III. Discussion

The total population of the Philippines in 2000 (based on the 2000 Census of Population and Housing) was 76.50 million while it was recorded at 68.62 million in 1995 (based on the 1995 Mid-Decade Census).

Census Year Census Reference Date Philippine Population
(in millions)
2007 August 1, 2007 88.57
2000 May 1, 2000 76.50
1995 September 1, 1995 68.62
Lowest population growth rate recorded since the 1960s
The 2007 and 2000 census figures translated into an average annual population growth rate of 2.04 percent for the period 2000 to 2007. As shown below, it was the lowest annual population growth rate recorded for the Philippines since the 1960s
Reference Period Average Annual Population Growth Rate for the Philippines
(in percent)
2000-2007 2.04
1990-2000 2.34
1980-1990 2.35
1970-1980 2.75
1960-1970 3.01
The projected average annual population growth rate for the period 2005 to 2010 was 1.95 percent. This projection was based on the 2000 Census of Population and Housing.”
Although the statistics shows that there is a decline in population, it does not mean that the main reason for this can be credited to the government due to the fact that the Philippines does not even have a Reproducive Health Policy until this day and age.




A. Constitutionality

Does HB. No. 5043 violate the Philippine Constitution?

Atty. Alan F. Paguia points out that “under the Preamble of the Constitution, the general objective of the Philippine legal system is “to build a just and HUMANE SOCIETY”. Such humaneness includes both the born and the unborn. Therefore, it would not be humane for Congress to promote the use of contraceptives since it is directed against the life of the unborn.”

Supporting HB No. 5043’s unconstitutionality is Paguia’s fifth point: “May Congress properly pass a law that would make the life of the unborn a physical impossibility? NO. It would be unconstitutional as it would violate the “guidelines for legislation” set out in Article II of the Constitution (Oposa v. Factoran, 224 SCRA 792; Kilosbayan v. Morato, 246 SCRA 540; Tañada v. Angara, 272 SCRA 18).”

Dissenting to this idea is Laura M. Purdy in her book Reproducing Persons: Issues in Feminist Bioethics. She writes, “although there is no explicit constitutional right to procreate, it is generally assumed that such a right is implied by other fundamental constitutional rights it is also assumed that it is, in any case morally justifiable to assert such a right and that this should be protected by law.” She further asserts that although there is no clear constitutional right to procreate, the result of failing to act as if there is one would be very detrimental to women at present.


B. Moral& Ethics (Social)

Introduction: Women’s Moral Dilemma
by Archie L. Ligo

“Women make half of the population in the country that is predominantly Roman Catholic. Thus we can safely say that majority of the women in the Philippines are Roman Catholics. As Such we take our religion very seriously. It’s moral and theological percepts form our religious spiritual conciousness. In fact religion is a major element in the psychic structure or make up of Filipino women. Our spiritual struggles as women bear evidence to this fact, coping with poverty through sex work or becoming a mistress, bearing up to physical and psychological abuse and dealing with reproductive issues.

A doctoral study done by Sr. Remedios delos Reyes OSB shjows double lives Catholic women live. When asked about the Church’s teaching in the family planning and the means they use, they admit to use those methods that the Roman Catholic Churh disapproved. Despite the pro-life position of many in the country, still women resort to termination of unwanted pregnancies, though it is illegal. Among the poor who undergo abortion, many are coping with the pregnancy of a third or fourth child.

Woman’s body is seen as desirable and pleasurable. If she buys into this, she can make money, gain access to resources and she might even influence power to her side. But woe unto her when she knowingly wields her desirability, takes pleasure in it and uses her body according to how she ses fit.

What a boring, fruitless, and dry existence w have condemn humanity into! By continually denying the importance of the body, materially of human existence and human sexuality, we have become split persons. Women are called upon to be physically desirable but are supposed to repulse such attraction. We are worshiped as virgins but also abuised like whores. We are supposed to remain virginal as wives and yet expected to be sexually stimulating like concubines.

Because of these, women have not been able to come to an integrated definition of themselves. We have not fully claimed our autonomy and dignity as persons, much less our equality with men. We cannot even talk of women’s empowerment and liberation. Consequently, society also has not arrived at its integration for marginalizing half of human reality. Women’s way of doing, thinking, relating, working are constantly ignored, considered inferior or inefficient.”

Breaking new Grounds
By Olivia H. Tripon

“There are many factors that affect women’s health. Not only how religion look at women historically, but the women herself – how she views her own body, her self worth, her relationship with her partner and how important to her is her spiritual life.

Often it is the woman who must bear the responsibility of seeing to it that she doesn’t get pregnant. Some men think limiting the number of their children is an affront to their masculinity. Unfortunately it is the men who cannot afford the luxury of many children who have this mentality. Women tend to keep secret their taking pills or other devices from their husband. The research ‘From Sana to Dapat’ (From Wish to Should) revealed that women resorted to not taking a bath or lying about having menstruation to avoid sex”

Maternity & Reproductive Health in Asian Societies
By Pranee Liampung Rice & Lenore Manderson

Reproductive Tract Infections (RTIs) and sexual transmitted disease are increasingly being recognized as a widespread health problem. These infections cause not only pain and discomfort, but may result in marital disruption, social stigma, and a range of serious and potential fatal health consequences including infertility, ectopic pregnancy, miscarriage and still birth, increased risk of HIV infection and cervical cancer. Despite their prevalence and consequences, they remain largely invisible due, Dixon-Mueller and Wasserheit (1991) argue, to taboos associated with such infections, and a belief among many that such symptoms are part of the price of being female.

The intense focus on AIDS has arguably obscured reproductive tract infections (Jacobs, 1991), and in Southeast and East Asia, as elsewhere, the development of approaches to the prevention, diagnosis and treatment of reproductive tract infections remains at an early stage. Traditional herbal remedies exist for these illness, attesting to their prevalence, but women often do not seek clinical treatment because of fear or embarrassment, and because such infctions are often regarded as something women should bear as a natural part of ‘being woman’. Hence ‘a culture of silence’ pertains in many parts of the world.


C. Religion

We all know that the Catholic Church is against abortion but then again What’s Religion got to do with pro-creation? This was the question asked by Olivia H. Tripon. According to her article, the NGO Philippine Legislator’s Committee on Population and Development and the Social Weather Station made a survey in the year 1991 and the study shows that there are three factors that might influence Filipino couples to decide on Family Planning --- religious teaching, doctors advice, and school teaching. Surprisingly it was Religion that got the last place.


IV. Recommendation

Based from the researches I read, I can recommend that HB No. 5043 should be deeply scrutinized since it fails to answer some concerns of Filipino women, especially, in the rural areas.

Population growth, in the global sense, catches the imagination, as it presents serious economic, social, cultural, and gender issues in the impoverishments of women. At the micro level, the complexity of factors has made population growth a sufficient but not the single necessary factor in the improvement of women’s lives. Sorting out priorities bedevils population programming.

Our government should work faster and harder since it is very disappointing that we do not have a Reproductive Health Policy yet.